264Wearing of seatbelts by drivers

#### 264 Wearing of seatbelts by drivers 264 Wearing of seatbelts by drivers > > (1) The driver of a motor vehicle that is moving, or is stationary but not parked— > > > > > (a) must occupy a driver’s seating position that is fitted with an approved seatbelt, and > > > > > (b) must not occupy the same seating position as another passenger, whether or not the other passenger is exempt from wearing a seatbelt under rule 267, and > > > > > (c) must wear the seatbelt properly adjusted and fastened, unless the driver is reversing the vehicle or exempt from wearing a seatbelt under rule 267. > > > > Maximum penalty—20 penalty units. > > > > Examples of seatbelts being properly adjusted and fastened— > > > > > 1 A lap and sash seatbelt is properly adjusted and fastened for a driver if— > > > > > > > (a) the seatbelt is secured in the buckle with the lap portion of the belt sitting low and firmly over the driver’s hips, and > > > > > > > (b) the sash portion of the belt is positioned firmly over the driver’s shoulder and not under the driver’s arm furthest from the secured buckle or behind the driver’s back. > > > > > 2 A lap belt is properly adjusted and fastened for a driver if the seatbelt is secured in the buckle with the belt sitting low and firmly over the driver’s hips. > > > > Note 1— > > > > Driver is defined in rule 16, and approved seatbelt, motor vehicle and park are defined in the Dictionary. > > > > Note 2— > > > > Rule 267 provides exemptions from wearing seatbelts. > > > (1–1) Subrule (1) does not apply to the driver of a motor vehicle, other than a motor bike, who is the holder of a learner licence or a provisional P1 or P2 licence. > > > > Note 1— > > > > Driver, motor bike, motor vehicle, provisional P1 licence and provisional P2 licence are defined in the Dictionary, and learner licence is defined in the Act. > > > > Note 2— > > > > Rule 267–1 provides for the use of seatbelts and other restraints by drivers of motor vehicles, other than motor bikes, who are holders of learner licences or provisional P1 or P2 licences and their passengers. > > > > Note 3— > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 264 of the Australian Road Rules. > > **rule 264:** Subst 2022 (692), Sch 1\[31\]. Am 2024 (197), Sch 1\[1\].